Critical Analysis of Partiality of Judges and its Impact on Legal Landscape of Pakistan

Abstract

Partiality of judges in Pakistan is a complex and persistent issue. Judiciary has been facing numerous challenges since the creation of Pakistan. Independence of judiciary is fully secured under the Constitution of 1973 by which, the Judges should fix and decide the matters in front of them without any pressure and influence. Judges are considered to be custodian of constitutional as well as fundamental rights. In last few decades, judiciary has been highly influenced by politicians and other institutions to get favor and to achieve political interests and personal benefits. Furthermore, there are various key factors which contribute to partiality of judges such as favoritism in the appointment, political influence, personal interests and corruption. The biasness and partiality of judges has raised tensions among branches of government particularly judiciary and the executive. By qualitative research, the objective of this paper is to examine the partiality of judges and their impact on legal cases which has compromised on judiciary’s independence, adherence to the law and protection of constitutional as well as fundamental rights. The outcomes of this research propose that impartiality of judiciary is crucial for the administration of justice and protection of constitutional as well as fundamental rights..